The Sun. — London, England, 1826-06-03 00:00:00

SIMONY. ir TO THE EDITOR OP THE SUN. Sui---Having some few days since observed in your highly improved Paper, several disquisitions on the subject of Simony, and of the Laws relating thereto, it will, perhaps, not be uninteresting to your Readers to find also in its columns, what Acts were considered as constituting this offence, or as being different branches of it, and what penalties were in flitted on those who were found guilty of it, by the laws and constitutions of the early Christian church. I have made the extract, which I herewith transmit to you from a work of high authority, on any nuttterpan meted with the ancient Ecclesiastical customs, taws. or rites. You will probably be aware, that I allude to the Origines Eceleausticte, of a very learned Divine of the last century, the Rev. Joseph Bingham, whose preferment does not appear to have been at all in pro portion to his great talents, and very useful Theological labours. Should this extract be acceptable to you, I will send you more on the laws respecting the different species of Simony; and, perhaps, from time to time on other subjects, if, in perusing the work, I should meet with passages relative to ally Ecclesiastical matter, which may happen to be subjects of discussion at the present period, and therefore, likely to attract the attention of some of your numerous Readers. I am, Sir, your very obedient servant, ARCHIEOPHILVS. Book 4, Chapter 3, Section 1 t. - . WHAT MITHOOS WERE AXCHEWELY TAKEN TO PREVENT stma- NIACAL FROMMLONS. There is but one qualification more I shall mention under this head, which was, dint men should come honestly and legally to their preferment, and use no. indirect or sinister arts to procure themselves an ordination. Merit, and nut bribery, - was to be their advocate, and the only thing to he considered in all dee- Cong. In the three first ages, whilst the preferments were small, and the persecutions great, there was no great danger of ambi tious spirits, nor any great occasion to make laws against Simoniteal promotions, for then martyrdom ryas as it were a thing annexed to a Bishopriek ;• and the first persons that were com monly aimed and struck at, were the Rulers and Governors of the .Church. But in after ages, ambition and bribery crept in among other vices, and then severe laws were made both in Church and State, to check and prevent, them. Sulpicitut Severn, takes notice of this difference betwixt the ages of persecution, and those that followed, when be sayi, that in the former men strove who should ran fastest to those glorious combats, and more greedily sought for 'martyrdom by honourable deaths than in "after t i mes by, wicked ambition, they sought for the Biehopriclut of the church. This implies, that in the ago when Sulpicius lived, in the sth century, some irregular arts were used by particular men to advance themselves to the preferments of the Church, to cor rect whose ambition and ill designs, the Church inflicted very severe censures upon all such as were found guilty of Sitnouy, or, as some then called it, 'X(lalll.l.7rOeElOY, the selling of Christ. The Council of Chalcedon decreed, that if any Bishop gave ordi nation, or an ecclesiastical office, or preferment of any kind, fur money, he himself should lose hie office, and the party so pre ferred be deposed ; and the reader may find several other consitu tions of the same import in those called the Apostolical Canons, the Council of Constantinople under Gennadine, Anno 459, the lid Council of Orleans, Brame, and ninny others. The Imperial laws also were very properly contrived to prevent this abuse, fur by one of Justinien'e laws it was enacted, that whenever a Bishop was to ►e. chosen, the electors themselves should take an oath, and insert it into the Election , Paper, that they did not chute him the any gift, or prolate, or friendship, or any other cause; but only because they knew him to be a man of the true Catholic tidal, and an unblameable life, and good learning. And in another of his laws, where this same injunction is repeated, it is farther provided, that the party elected, shall also at the time of his ordination, take an oath upon the Holy Gospels, that he neither gave nor promised, by himself or other, nor hereafter, will give to his ordainer, or, to his electors, or any other person, Any thing to procure him an ordination ; and for any Bishop to ordain another without observing the rule prescribed, is depo sition by the *tame law, both for himself and the other whom be ordained. 'Mess were souse of those ancient rules to be observed in the exemination of men's lives and morels befere they were cow secreted to the sacred function, or admitted to serve in any of flit chief offices of the Church. FATAL DUEL., and TRIAL foriIURDER [rum 'FUR NEWFOUNDLAND GAZETTE OF APRIL. IS.] SUPREME COURT--ST. JOHN'S, APRIL 17. TIDE KINU V. MARK RUDRIN, GEORGE FARQUHAR MORRIS, AND - JASISS STRACUAN, Fon. Aityßmtg.—At eleven o'clock the Honourable the Judges appeared on► the Bench, and the Court was opened in solemn► form. The prisoners, Captain libulkin, Captain Morris, and Dr. Stratm, were then placed at the bar, having been previouaiy arraigned. The impanelling the Jury immediately took place, when eleven Jurere were peremptorily challenged. . . . . . Thn Arms vs lota*. then opened the pleadings, and stated tha htry, tlutt the prisoners stood indicted for murder, coin. witted on the hotly of John l'hilpot, in a duel, on the 80th of March and after eking several authorities on the law of the case, WWI Lieut.-Colonel Thomas Rowland Burke, of the Veteran Com mits :—Witness knows the prisoners at the bar; Ca' pt. Itudkin Is innler his orders ; Dr. &radian is Assistant-Surgeon of the seine corps ; Captain Morris commands the Governor's yacht. Had lately in the corps under his command Ensign Philpot, who is recently dead; on the 30th March lust, about three in the afternoon, Captain nuilkin rushed into witness's room in a very agitated state, and informed witness that Philpot was dead ; wit nevi immediately asked for an explauation, thinking from his manner that he W 34 Insane; Rodkin - then informed him that Phil. pot had kicked him the previous evening, and that a duel ensued, and he hadishot him dead. Philpot had been with witness Se veral times in ,the morning, and appeared in perfect health.— captain Itudlan told witness that Dr. Straclum end Captain Mor cis were the seconds; at the same time he said Dr. Strachan was his. C.' Willock more Knows the riot - mere ; knew Ensign Phil pot ; inows him to be dead, and how he came by his death ; he . was killed In a duel by Captain Main, on the tart Thursday in March ; witness was in an enclosure at the back of West's Apo, within a mile of the town ; saw there Captain Rudkin, Philpot, Stmt.:llan, and Morris ; saw Morris and Strachan mea iiire' a distat.ea of fifteen paces and upwards ; at that time CAptain Itudkin was standing about 100 yards distant, and Phil igit''clOett.to the seconds; Philpot took his station first, and took off his suet ; Captain Rodkin, upon being beckoned to by the seconds, took his station without taking off his coat; the pistols were then given them by the 'auntie, who to esed up, and the signal of wready"—" fire," was given by Doctor Streclum ; they instantly fired, but without effect. Mr. Philpot then reached his pistol to his second, Captain Morris, who took it ; Contain itiulkin kept his pistol by his side until his second, Dr. tiltrachan, took it from him ; the seconds then entered into conversation. Witness does not know its contents ; but each second approached his principal. [Witness supposes the con firaition of the seconds related to an . accommodation of the because he beard Morris way, after the duel, that it was a pity 1 4 1,ilpot would not apologize after the first shot.) The seconds then came together, and re-delivered the pistols to Rod kin and Philpot; Strachan and Morris again tossed up, and the same word was given by Morris as by Btrachan the first time.— instantly on the wool ,o Fire" being given, Philpot fell. Wit nese ran up to him, and caught him by the hand ; Itudkin also took hive by the hand, slut appeared very much agitated, and *AM he hoped he was not lunch hurt, and that he believed it was only in the arm. Witness, with Strachan, asked Philpot where h e was struck; hut he never spoke, nor tittered even a groan, " t , when h e f e ll. Witness, Strachani and Morris, then turned him on his side, and on opening hie shirt, found the ball had entered his right side, opposite the heart Strachan then said the wound was mortal, and that he was dying. • Itudkin then soul, that he would go and inform the Colonel what hash happen ed, and send persons to take away the body. - o n perceiving li was quite deed, witness covered over the body with his coat, an I t h en went away ; it was between the hours of one and three. Witness was not more than 14 yards from the parties : went into the eitelosure with Philpot and Morris; knows positively that Rudkin, Morris, end Strachan, were the persons on the ground. Edward Kielley sworn : n surgeon; knew Emig!' l'hilpot ; was sent for by the Coroner to inspect the body of the said , Ensign _Phallist during the Inquest ; discovered a wound on the right . bide, b e t w een ti nt era, an d s ixth rib, through the membrane and lining of the cheat ; a pistol-ball wound, which had penetrated the third lob e of the lungs, and the principal vessel of the heart; lass ua doubt of its being the cause of deceased's death. 6 ;"; 4l .'lmeloined-sseThe wound was betvecot the fifth and sixth rib, and was in such a situation that the deceased's arm must ' have been extended in the act of firing when received. Here the prosecution closed. Mr. DAwE, for the prisoners, addressed the Court, and read their defence and justification of the crime charged to them. Matthew Henry Willock sworn—Witness had a party at his quarters on the evening of the 29th March last, consisting of the prisoners at the bar, Mr Stanley, witness's brother, and the de ceased, with the other officers of the corps, except the Colonel, Lieutenant Wieburg, and Mr. Clark. Itudkin, Morris, Philpot, Stanley, witness, and brother, remained after the rest had de parted. Philpot said he would remain and take a glass of grog. Cards were then proposed, and Philpot, Rudkin, and witness played ; during which Stanley said, " Come boys, let us go home, we are only keeping Willock up, and annoying him." Philpot re plied to Stanley, "there is the door—be off—don't be disturbing; us ;" Stanley answered, " I can go if I please, Sir, without con sulting you." Philpot then said, " don't Sir' me—if you do, I'll pull your nose and kick you out of the door"—at the same mo 'neat rising from his chair ; witness seized him by the arm, and seid he would not allow such language or conduct in his quarters. Captain Rudkin then addressed himself to Ensign Philpot, and said such conduct was highly improper, and both uncalled and unhooked for on the part of Stanley, as he had done nothing to subject himself to such a remark.— Stanley then left the room. Morris afterwards observed to de eeesed, that he had behaved excessively ill to Mr. Stanley, and fled he ought to apologise to him immediately ; , deceased then replied, " The Nincompoop ! I'd rather have a shat at him than not." Morris then left the room. Witness remonstrated gene rally with deceased on his frequent ill humour and conduct.— After the departure of Captain Morris, Rudkin was in the act of dealing cards, in the game of Latescolet ; the first card was thrown out, the second for company, and the third for self; the card for company was five; for self six ; the card next, six, by which - Rudkin won the pool, which deceased - disputed, de daring that as it was a tie, the company was entitled to half the pool ; it was! referred to witness, who gave it in favour of Rudkin; deceased then seized the stakes on the table, and put them in his pocket. Captain Retain, addressing himself to witness, said, " Good God! do you mean to submit to,treat meld! of this sort !" Witness said it was only a 9-penny or 18-penny matter, and • not worth squabbling abOut. Itudkin! then said, " If you submit to that kind of treatment, I shall not ; neither will I allow that money to he taken from the room." Upon this, deceased rose from his chair saying, "Curse you ! I would think little of taking you by the nose, kicking your —, and throwing you out of the window." Witness then said he thought be had been used excessively ill, soul desired the parties to retire, stating, that in the morning lie expected an apology for such conduct. After opening the door for their exit, witness went to stir the fire, and, whilst there, his attention was called by hearing deceased say " Curse you," and accompanying his ex clamation by throwing a jug with water after Rudkin ; and, whilst in the act of doing so, rushed into the passage after Captain Rudkin. Witness then followed him to the door, and there saw the deceased in the arms of his brother, who brought bins back to the room, and remained there all night, where be kept him fur the purpose of remonstrating on his highly improper conduct. Wit ness also told him, ahat if he did not check hie violent temper, he would either be killed or be obliged to leave the service. De ceased then asked witness to act us his friend, if Rudkin should call him out, which witness refused to do, stating his reasons for it. Witness is of opinion that deceased ought to have fired in the air, under the circumstances. . Has known Rudkin since 1812 ; during that period his conduct has been that of a good officer and a perfect gentleman, and has never known him to be placed in the like situation, nor ever knew him to be in a quarrel of his own seeking. Witness has known Strachan since September, 1824, who has always been considered by the corps as a good tempered, obliging, brother officer; and witness bas known him, by his mediation, to have prevented one or two duels. C. Willock sworn—Was present at a party at his brother's on the 29th of March last. At the proposal of a game of cards by deceased, Mr. Stanley said it was time to go home; deceased told Stanley that if be " Sied" him again, he would pull his nose. Captain Morris left the room—witness with bins; on his return found Rudkin at the door ; and deceased having thrown a jug of water at him, which hit him, deceased then im mediately ran after }Lain, and kicked him ; upon which wit ness caught the deceased, and forced bins back into the room, where he remained all night. Called on deceased next morn ing, to apologize to Mr. Stanley, and was told by hint that he had sent for Captain Morris. Witness and Morris brought that dispute to urn adjustment. 'Witness had a conversation with Morris about the dispute between deceased and Rudkin; witness then told Morris what had passed the night before • between 'Radian and deceased ; Morris said he was sorry for it, but hop ed he would be able to adjustit, Supports, Murris must have been half an hour in the garrison at the time the ground was chosen by deceased,; he objected to the first ground, saying it was too near the road ; that on the other side of the bill was better adapted for the purpose. Rudkin did not assist in mark• ing the ground. When the parties fired, the.attention of witness was particularly fixed upon deceased, expecting he would fire in the air. Witness had frequently, told deceased that he ought to tire in the air, as the only atonement for the gross think he had given !Wain. The words, " ready—fire" were given as quick as possible, and the pistols were not raised until the word "fire" I was given. Witness observed deceased, after the first shot, to draw himself up, and direct his eye in a particular mustier towards Capt. Itudkin. In the first shot Rudkin fired in a very careless manner ; so, that witness supposed the other would fire in the air. From the deceased retaining his place, and at the same tone handing his pistol in a particular manner to his second, witnessed inferred that it directed him to re-load it. De ceased's pistol was discharged the second time---witness saw the flash, and saw the pistol afterwards ou the ground, with the cock down anti the pan back: Rudkin, in taking deceased by the band, appeared to be much concerned and agitated. Immediately after the deceased fell, witness heard Morris exclaim, ". What a pity it was that he refused to apologise." Itudkin's arm was not raised till the word was given. During the interval of the first and second fire, stood with a stick in his hand, forcing it in the ground ; during the same interval deceased altered his position, and fixed his eye intently upon Rudkin. The pistols used on this occasion were conmune ones, and not such as are called duelling pistols. The distance at which the parties fought was more than 15 paces ; saw the ground measured. Deceased told witness that he had taken off his flannels, which he had not been without for nine years before. Saw bins also throw off his coat on the ground. Captain Rudkin kept his on. Witness had a conversation with Captain Rudkin, who appeared to have no animosity towards the deceased. Has frequently been in corn petty with, Rodkin ; always considered him a gentleman, and by no means inclitted to quarrel or offer an insult to any one ; has known Similar* and Morris also; always considered them to be of a strictly peaceable disposition; knows of a dispute happen. ing lately, where Morris was a mediator, and adjusted the dif ference; recollect., Strachan asking him the nature of the dis pute between deceased anti Rudkin; anti on being told, lie *aid, lie would go to Philpot himself. Morris expressed to wit ness an anxious desire to mike an amicable adjustment between the parties. After the examination of souse other witnesses, who spoke to eac mild and gentlemanly character of the defendants, the Hon. tire Cuter Junta summed up the evidence, and stated the law of the case in the most clear and perspicuous terms; drawing a wide distinction between the law of England and that which duellists Neely call honourable contest. He Kehl that the second of the deceased, Captain Morris, from the best law authorities, might he acquitted—but that from the evidence, and the admis sion of the prisoners themselves, time fact of killing, on the part of the other two prisoners, could not be doubted by the Jury. It, however, he raid, was matter of the cost material inquiry fur the Jury, whether a sufficient time had elapsed to show that the defendant was not still actuated, by those feelings which at first gave rise to his resentment; if so, the Jury must then bring in the prisoners guilty of manslaughter. If, on the other hand, they were of opinion that Captain Rudkin, awl Dr. Strachun his second, had sufficient time to reflect, and to know the awful situation in which they were placed, the Jury could not find against those unfortunate individuals a less crone than that of murder ; and having charged the Jury, in the most expressive terms, they retired for about an hour, when the foreman informed the ourt, that the Jury could not agree upon a general verdict, but upon a special one, subject to the law as laid down by the Court. The Court said, they were certainly at liberty to give in a specidl verdict, upon the principles set forth, but that gieat care must be taken in wording such verdict, to enable the Court to proceed upon principles of law. When the special ver dict was brought in, it appeared, from what we could learn, that the Jury bad acquitted the prisoners of every thing like malicious intention ; but the Court was of opinion, that such a special verdict could not, agreeably to law, be recorded ; that the Jurors Must reconsider their verdict, and if they were satisfied no ma- He existed on the part of the prisoners, they must then find thew guilty of manslaughter, or acquit them altogether. —The July then retired for about 20 minute*, and returned with a verdict of " Not Guilty." The verdict gave evident satiefaetion to an extremely crowded Court, " ""ived by the multitude with r e p eated cheers. of nearly ten hours, whi c h exc i ted the moat i nten se interest. The Priann"h were then dischar g ed from the bar, after a trial GENERAL ELECTION. To MEMBERT, CANDIDATES, COMMITTRES, and ELECTORS.—Being anxious to give the fullest and most correct account of the Elections throughout the Kingdom, we shall be very thankfiil to any Gentle man immediately interested, to favour us by post or otherwise, with the state of the Polling, and other matters connected with the Election, in Isis Town or County. CAMBRIDGE UNIVIRSITY.—Extract of a letter from Cambridge.—" The inconsistent statements made by some of the present Candidates of their strength, and the various arguments so perseveringly used to frighten, persuade, and even supplicate Mr. Goulburn to retire from the present contest, are extremely amus ing to us residents, who are, perhaps, a little more in the secret, and know something of the real state of things. To us it is palpable th a t such effusions are sure marks of weakness and dismay, and, knowing, as we do, the relative strength of the several contending parties, their private histories, moral and political, with the determination of many of the best friends of Alma Mater to exercise on the present occasion a consistent. as well as viruous judgment, we are glad to learn that the Secretary of Ireland has declared his intention to persevere to the utmost ; and that, believing it would be deserting his duty to the Protestant cause if he now retired, he has again de clined the representation of Dublin, so honourably offered to him by the united voice of all parties in that city. CIIIPPENI[it NI .—The representation of this borough is now warmly contested by three rival candidates-- Mr. Grossett, the present member, Mr. Maitland, and Mr. Frederick Gye, the latter of whom has attained the pinnacle of popularity, by a measure which is highly creditable to his head and heart. COLCIIESTEIL—The only candidates for this borough are Sir G. H. Smyth and Mr. Harvey. The worthy Baronet, although late in his canvass, has been received by all classes and by all parties in the most friendly and flattering manner. Present appearances give reason to suppose that there will be no contest.— Chelmsford Chronicle. ES.srx.--C. C. Western, Esq., and Sir Eliab Har vey, Knt., the much respected members for this county, have each addressed the freeholders in our present publication. There is no probability of any 'other candidates starting ; they will therefore be required only to walk over the course, in order to obtain the prize.---Chelmfford chronicle. Colonel Webb and Captain Berkeley both left town yesterday morning, to canvass the city of Glocester. Hunt..—A. J. H. O'Neill, Esq., has been called upon by a requisition, numerously signed, to present himself as a third candidate for the borough of Kings ton-upon-Hull. We are informed that. Mr. Mitchell has declared his intention of withdrawing froim the representation. OAKIIANIPTON—A contest is expected for this Borough. PLYMOUTH—Within the last few days various re ports have been in circulation respecting the represen tation of this Borough in the ensuing Parliament. It is scarcely necessary for us to say, that these rumours of war are without ' foundation. There is no proba bility of a contest taking place. Sir W. Congreve has circulated an address among the freemen, soliciting their votes, and promising to pay them a visit as soon as Parliament is dissolved.-- , Plymouth Journal. BOROUGH OF SouTHwAnK.--'—Yesterday evening the friends of Mr. Polhill assembled at the Three Tuns Tavern, High-street, Southwark. ToTNEss.--Mr. Bent retires from Totness at the ensuing dissolution. Two candidates have offered themselves to the notice of the electors, one of whom is Lord Viscount Barnard, son of the Earl of Darling ton, who is likely to be returned. Mr. Courtenay will be re-elected.---Plymmah Journal. YORKSHIRE-Mr. J. A. S. Wortley has been called to the House of Peers by the title of Baron Warncliffe, of Warncliffe, in this county ; and Mr. Marshall, of Headingley, near this town, has offered himself as a candidate at the ensuing election, to re present Yorkshire in Parliament. The latter gentleman comes forward under the patronage of Earl Inzwilliam and the aristocracy of this county. At a meeting of Lord Milton's fr iends in London, on S atur d ay last, Mr. Marshall was prevailed on to offer himself. Mr. Fountayne Wilson and Mr. William Dinicombe, are expected at the Hotel, in this town, early next Tues day morning, to pay their respects to the Freeholders in this district. We trust every true friend to the Pro testant Cause, will make a point of giving his at tendance at the Hotel, and accompanying them to the different markets, Bm.—Leeds Intelligencer. WoßcEsmustmtE.--There is a rumour of a new candidate for this county, and circumstances have been mentioned which give some plausibility to the report ; we have not, however, been able to trace it to any au thentic source. WoncEsTEn.---As the day of election approaches, the interest with which the event is anticipated in this city becomes more intense, and all parties seem pre pared to enter upon the contest with spirit, and carry it on with vigour. The friends of the several candi dates appear egli illy confident of success. Colonel D a vies has been here for several days, payin A his re spects to his friends. Lord Deerhurst and Mr. Ro binson are expected to arrive in a few days.—Worces ter Journal. IRELAND. (From the Freeman's Journal, May 81.) In Ireland the bustle of preparation is beginning to be felt. Numerous contests are threatened, and eight or ten at least will certainly take place. Since the appearance of Lord Brabazon's address, it was consider e d doubtful whether any contest would be attempted in either the county or city of Dublin, as a rum our h a d f oun d its way into circul a ti on , an d obtained very general credit, that Mr. Hamilton h a d resolved t o resign , or a t least postpone Ins pretensions. We understand, however, that he was actively engaged in a person a l canvas s of freeholders so lat e ly as M on d ay. In th e c i ty t h e son o f the great p a t r i ot i s certain of one seat, an d we do not see any great p ro b a bili ty o f a seriou s contest f or t h e o ther. M r . Pl un k ett will be returned with ou t a shadow of oppositi on , f or t h e College. ; Mr.S. Ri ce will be opposed in the city o f Line rick by M r. Di xon anti Captain O'Grady, in the county, by M r . T. Lloyd, the barrister. Lord Clare's brother will come in without difficulty. Galway county and town, Kilkenny county ant town, and L e it r im county, will be warmly contested. HIGH WATER AT LONDON BRIDGE TO-MORROW. Morning 50 minutes after 0, I Evening minuted alter 1 Zbt.: mt. LONDON, SATURDAY EVENING, JUNE S. 1826. We published, in a Second Edition, last night, the KING'S Proclamation for the Dissolution of Parlia ment. This Proclamation was signed at the Court of Carlton Palace yesterday afternoon, and directs the immediate issue of New Writs, which are to be re turnable on Tuesday the 25th July next. As we had the gratification of exclusively publish ing this important document, we cannot avoid notic ing the announcement of the Dissolution, in the Leading article of the Courier, with all the pretence and authority of an Official communication. Upon reading over the article, however, we found it to be almost a copy of one which appeared in a Morning Paper of yesterday, and to contain' all the inaccuracies of that article. In the first place, it stated that the Proclamation received the Royal signature on the preceding day, viz. Ist of June, whereas, it could scarcely have received His MAJESTY'S Signature till the 2d inst., when it is dated : and, secondly, it states that Ills MAJESTY at the same time signed two other Pro clamations, one for the Election of the Scottish Re presentative Peers, on the 15th July, and the other for the Representative Irish Peers. Now, we pre sume, that the Proclamation for the Election of the Scotch Peers likewise could not have been signed the day before yesterday, as the Dissolution did not take place till yesterday : and, in point of fact, it now appears to be dated the 2d of Juno; and with regard to the Irish Peers, no such Proclamation was or can ever be issued, as the Representative Peers of Ire land are elected for their lives ! This fact the Courier seems ignorant of, a 94 , therefore in copying it s leading arti c l e f rom ano th er p. per, which had made a blunder of so gross and unpardonable a nature, adopt ed it as its own. We do not quarrel with the Courier for thus misleading its readers, or fbr adopting the in accuracies of another paper, but we think it right, when it puts forth with the air of an official communi cation, intelligence which proves altogether to be in correct, to set the public right with respect to its idea of the infallibility of that Journal. We have given in another part of our paper an ac count of a fatal duel at Newfoundland. It was only last week that we extracted six ctilitirs of honor from one of the Irish papers in the same day. W e are well aware of the difficulty of opposing ourselves to the long-established prejudices of man kind, particularly on this subject, but we shall do so fearlessly, When we feel that the laws of God and man are both on our side. Sedit qui timuit ne non sueeederet, esto." As to the laws of honour, it is a perfect confusion of terms, to call them laws. They are deficient in every point which constitutes the essence of law. Law im plies that a comnumity vindicates injury done to the members of that community--the laws of honour leave the vindication to the injured party—other laws pretend at least to be equal and uniform, to apply 1 0 the rich and poori to the young and old—the laws of honour are denied to the poor, and are claimed as privilege (a precious one to .be sure), of the uPPeI classes of society, nor do they even attempt to Marl out the line of demarcation between these classes-- Like those of Draco, they inflict the same posh! for all offences,..--the blasting of one's character,—the seduction of a wife or sister, and the making of a wry face, are alike punished with death, if the executioner is skilful. A man injures another, and he gives him satisfaction, by shooting him throug h the head; the offender and the offended run the same risk. But no man in a law-suit will stake the title-deeds dim estate of 10,0001. a-year, against one ,of MA a-year, and yet a man in the enjoyment of. every de' mestic comfort, is often obliged to risk his valuabl e stake in the world against that of a person Whose vices or whose follies may have rendered life a burden which he is indifferent about laying down. But it is use less to follow up their inconsistencies. The fact 19, every thinking person must feel the slavery of acid amenable to an unknown and varying law , but boldly nd o I n cy e a seems ane ebke abea r e r t a o eni h ni a am v n e pe courageiutphtaaettiieonn frf r o m t c e o t i f l o d r w n n a . r dacid unjust he may feel it to be. on n a hs ll i a c in r i a o g n e e hstomwsenvera murderer or robber, and he smiles ; but call him coward, (with equal disregard to truth) and you wake him wretched. This is surely an absurd state things, and it is worth considering how it has been brought about. If we do not forget, it is LORD BACON who men' tions, what appears to us an excellent saying of King JAMES the Siith, " That in funning an opini Of' any custom, we should always reflect how and at what period it commenced." Now let the advocate's dills laws of honor; recollect that duelling (or the trial by battle) began in the dark ages—that it is literally * Gothic practice—that it originated in superstition, and was a substitute for judge and jury. In these enlightened days then, when superstition 10 given . place to true religion, when, instead of bel"g Gothic, we flatter ourselves on our refinement, when we have Judges and Juries—how is this pr actice I allowed to exist ? We are told we could not do without these laws of honour—the polish of Society would be lost ! We can only say we have seen things tocn much polished, for instance, an orange by tipsdir,ty elbow, of an Israelite,. and other things which could be b e i e n e p e o r l i po l ished e d Theso muchGree Gre e ks as andto mentioned. But to be serious, we think manner* rosy am ongst and brave people, but they had no duelling aPPr R Li ac a h ns them. The latter nation, though brave and mili tar o y f to excess, gave the civic crown for the reservatio n a citizen's fife as the highest reward of the State. n different are our ideas Is of The pomp and circumstance of war, the explo its a _ to heartless 2 0 d - LEONIDAS, SCIPIO, OT GUSTAVUS ADOLFO; touch a cord in most bosoms, and few can lub ni it is not the courage courage more than we do, but of the madman or of the bully—it is that which sproi in the " mens conscia reds . ' —it ,is that which gr ui the not fail amidst the wreck of worlds. How far duellist can often have this certainty of being the in a s sert' right, we shall not venture to decide ; but we ~nt S . were polislie without any fear of contradiction, that many of p le e a s, men of honour, who will shoot one through the for giving them the lie, are not very ". severe ado_ : I : of truth,' and it is this species of bully who ale derive advantage from these laws. If these laws of honor a re absolutely necessary, i comes it to pass that the clergy ( so lar g e a porti on ni the society) do without them, and apparently v! o l ., well? They cannot figh t, and therefore cannot be bo o s: suited :—no more could any one else, if public opinio than to the overlooking an affront. Our own ing? u el,, sion is, that far from promoting real courtesy, a eL, ' 1 big has an opposite tendency.. By common e on i s i to attached a greater stigma to the accepting a challei:g_e.i. one virtue, that of cou'rage, is unfortunately be." be a substitute for all others ; and a ruffian who hap pens to be a good pistol shot, and to know the actual value of his own vile life, i c e ' il insult and annoy the community to any extent, end whitewash his offences by standing a shot. Were 1. so for these laws be would be avoided as a pest; but doir.g_ ii , now might subject a person to the pains of death the hands of the offender—a result which those, tu ., are not by.any means timid in a good cause, are fla t to rally inclined to avoid, and very often, we reg,r e so , say, by a hypocritical semblance of pleasure , in 0 , ciety which must be odious. This is downright slach'o has -sense enou_git Why do not sonic of our brave countrymen'3%o fought in the. Peninsula, and who alone co `f ita l without the imputation of cowardice, step forwar declare that they will never, under any circumettlfse, give, accept, or carry a c h a ll enge , Such a conth .;s l ; t e i x i e a A rn da p u l lt e le . p at itihese eo ffiperye Cow' on the receiving of every e v ei ir w it e s sion, would put an end to duelling for ever; the of the States of Army anti navy o ne North America has already set ll* their valuable aid to the first d *t in ' I c n uresse , P. I, wit h • - they hear of, instead of • annoying quiet peop ebullitions of their courage. wwohuoldreeeni tnreoarttlitc.ttio:lllte;l"l .01010.— t i erix pi In compassion to those who are doomed -° 2 th , o their journeys through the streets of the Inet r° e } ::l foot--and in deference ' to those more ia ;- oot trtals who have recourse only occasionally t° b e g wo rld, w e ir i es , . hu m ble mode of making way the l i e e a_ e_ v n e s t e t t io i s i t i earnestly to recommend to the all ti ntelY been such behalf, to cause an example, which 114 " . to h e followed as C ex i t la e r n i s n t g ve e ly7a s s s a n l i l a d i C to " t k h s e P s u a r iZ ttilo „ r i t r seem_ meet : we mein, the charitable'exped ien a t ,,to l e Bulging pedestrians with square stone palle ° , t - t e ' etfh the most frequented crossings in Macadasoz e ,";t t oo' or rather roads. On the , paved crossings, the u e- ,,, -e s tep passenger can, in the dirtiest weather, con trive to from stone to stone, with ou t ma t er i a l disco: o ' 4 "Se' his subsequent appearance ; but through $ c ap adamized surface of mud, the most iligetwi ls ,, c ; aot wade, without an urgent need for a s hoe-hh ie ' rt ioi always at hand.. Without the praisewortilY e t, e g ' i l of of titose who themselves : bay a broarti, t 1 or cot , Inviting others to do so, the two sides 01 "`",,T i glii; street, cum muftis aliis, are nearly: as th °f 'l,T it ; parted, as were Dover and Calais during the re 7ltur the little great man, What must be the psid°' fro eaell tion of t wo or more l a di es t h us se parated IP r other, whe n th e y h a pp en t o ha ve ., must P' e tidings to communicate ? The French Papers of the 31st ult. and the of the Ist inst. reached us by epreas la st ht 13 0 contain an article from the Austrian, Observer? TO THE WORTHY AND INDEPENDENT ELECTORS OF THE BOROUGH OF BARNSTAPLE. GINTIAMEN, MY anxious wish to consider duly the honour and importance of continuing to represent your ancient Borough in Parliament, has made me hesitate thus long to declare my intention of withdrawing myself from the approaching contest. Had I come hastily to my present determination, I should have ill requited the kind confidence with which you have hitherto honoured me; and having once formed my resolution, I feel I should act ungratefully to my friends in delaying for a moinent to release them from those promises of support, which such a reso lution must cancel. In taking my leave of you, I trust I may, without vanity, ap peal to the principles on which I have invariably acted in Parlia ment, to my constant attention, to your local interests, and parti cularly to my zealous resistance of all encroachments on our in valuable Protestant Establishment, as a proof that I have not been altogether unworthy of that confidence, which I Batter myself you would again have reposed in me, had I not most reluctantly adopted the resolution of retiring. Gentlemen ! The pleasing task remains to me of thanking you collectively and individually for that support and confidence which I have twice successfully solicited, and to assure, that whenever the interests of Barnstaple can be benefited by my exertions either in or out of Parliament, I shall not forget that I have enjoyed the honour of being your:representative during eight eventful years, and that I am still your fellow-freeman and most humble servant, (Signed) F. M. OMMANNEY. London, Norfolk-street, May 29, 1826. PRICE! OP STOCKS TNI Bank Stock 204 3 per Cent. Red 193 Ba 9i 3 per Cent. Cons. N t per Cent. Ditto Red shut Ditto per Cent. New shut Ditto Scrip Bank Long Ann 15 15-16 19 India Stock Ditto Bonds PRICK! 01? FOREIGN /1? Austrian Bondi, 5 per cent Brazilian Bonds Buenos Ayrea Bonds Milan Bonds, 6 per et Colombian Bonds Ditto, 1824 40404 K Danish, 3 per cent. 50% Greek Bonds Ditto, 1825 Guatimala Mexican Bonds Ditto, 1825 .tl* 1% PRICES OV 811AUES Anglo Mexican Alining Compan: Brazilian ➢lining Company Columbian Mining Comppasn►►y Ei*l del Monte Mining Compan; Ditto New. United Mexican Mining Compai COURSE OE EXCHA Amsterdam Ditto, at sight Rotterdam 2 U. 12 Antwerp 12 liansbuigh 104 U. 37 9 Altona 24.:, U. 37 10 Paris, 3 clays' sight Ditto 2 U. 25 90 Bordeaux 25 90 Berlin 7 Frankfort on Maine, Ex.M. 155 Peteraburgh, role 3 Us. IN Vienna, endive II 2 M. 10 '25 Trieste do. Madrid 35 Cadiz . 35 l3ilboa Barcelona 'ls Seville l5 Gibraltar 3l PRICE OF IRISH Bank Stock Gov. Stock, si per.oent. Ditto, New 4 per Cent. New...... 941 Gov. Deb. 35 per cent 88,4 Consols, 3 per cent — Royal Canal Stock Grand Canal Stock — City Deb. 4 per cent. -- Ballast Office Deb; 4 per cent. 1 Dublin I Waterford 1 Guernsey &Jersey 0 O Lisbon 0 O Gottenburgb 0 O Harabitrib O Holland 0 O France ..., () DAY AT ONE O'CLOCK. south Sea Stock Old Annuities New Ditto Ex. Bilb, JII,OOO 2d. 8 9 mu. Ditto 6OO 2d. 8 9 pta. Ditto small Ditto Advertised - . Bank for Account India for Account Cons. for Account BOHM 'NDS AT ONE O'CLOCK. Neapolitan 1014 Peruvian B onds : ftri Portugut..se Bonds 3O Prussian, 5 per cent. Ditto, New — Russian, New, 5 per cent. AI Spanish, 1811, 6 per cent. 1523 — French Itentes, 5 p. c. —f —c. Exchange -4..4. -.--3 per cent. ---- Exchange —4. —c. AT ONE OCLOCK• Paid. Per Share. ty £ss 42% 15 15 Id 10 iy my l5O 105 20 Arrived NGE YESTERDAY. Leghorn G thip a 4.1 Venice 46q Malta Naples 38% Palermo per oz. 115 Lisbon 50% Oporto 50% Rio Janeiro 43 Bahia 48% Buenos Ayree 43 Dublin, 21 days' sight l% Cork BULLION, Plea OZ. • s. d. Portugal Gold, in coin 0 0 0 Foreign Gold, in bars - 317 (I New Doubloons 0 0 0 New Dollars 0 4 Silver, in bars, standard U 4 lit STOCKS, MAY 31. St. Patrick Insurance Royal Irish Ditto National Ditto Patriotic Ditto Hibernian Bank Provincial Ditto Royal Irish Mine Imperial Mine Fish Shares Now Brighton ILS. Arrived. Due, O Flanders 0 O Jamaica 0 O Leeward islands O Malta 0 O America 1 O Brazil 0 0 Buenos Ayres